Search our news, events & opinions

On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

Firms could face action over exclusivity clauses

Companies who try to enforce “exclusivity clauses” in zero hours contracts could be taken to Employment Tribunals in future.

Last May, laws came into force that banned employers from preventing people employed or engaged on a zero hours basis from seeking work with other organisations.

As of January 11th, employees who are unfairly dismissed, or employees and workers who are treated detrimentally for failing to comply with an exclusivity clause have the right to take their case to a Tribunal. Dismissal of a zero hours employee will be automatically unfair if the sole or principle reason for their dismissal is because they have breached a contractual term preventing them from working for another employer. There is no minimum qualifying period of service for such a claim but it should be noted that this right extends only to employees and not to workers – workers only have the right to complain of unfair treatment.

Trade unions have welcomed the news having previously argued that the ban wouldn’t be properly enforced until employees had the right to seek redress.

Official guidance issued by the Government says: “An employer must allow the individual to take work elsewhere in order to earn an income if they themselves do not offer sufficient hours.

“If an employer includes an exclusivity clause in a zero hours contract, the individual cannot be bound by it, the law states the individual can ignore it.

“An employer must not attempt to avoid the exclusivity ban by, for example, stipulating that the individual must seek their permission to look for or accept work elsewhere.”

Royds Withy King Solicitors
is rated 4.67 stars by Reviews.co.uk based on 146 merchant reviews

4.67 / 5 Rating

146 Reviews

Sharon MacDonald in particular is aggressive in her manner of dealing with other parties. It does not help the process and is completely contrary to the information on the website. If you want a solicitor who is going to ease relationships in a divorce do not use this solicitor. Dreadful.

Anonymous

Very efficient and professional

Mr Simon T

Completed work in a professional and efficient manner answered any questions with a swift response and explained everything clearly